Can an AI agent make sales calls for you? Tools, costs and the legal catch
Short answer: Yes. Bland, Retell, Vapi, Synthflow, Thoughtly and Regal all sell outbound AI calling. The catch is US law: since Feb 2024 the FCC treats AI-generated voices as "artificial" under the TCPA, so calls to cell phones and home lines need the person's prior express consent, and sales calls need written consent. Use AI agents on leads who asked to hear from you, never on cold consumer lists.
Who can you call with an AI voice in the US?
US federal rules as of 14 Nov 2026. This is information, not legal advice.
| Who you call | What the rules require for an AI voice | Risk |
|---|---|---|
| Consumers on a bought or scraped list | Prior express written consent from each person, authorizing your business | High: don't |
| Your own leads who agreed to calls | Prior express written consent, and a record of it | Lower |
| Customers, for reminders or updates (no selling) | Prior express consent for cell phones, not necessarily written; home lines have capped exemptions | Lower |
| Businesses on ordinary landlines | No TCPA consent rule for these lines, but the call must still identify your business | Lower |
| Business buyers on cell phones | Prior express consent, written for sales calls | Medium |
Sources: FCC Declaratory Ruling 24-17, 47 U.S.C. 227, 47 CFR 64.1200. For state rules and other countries, see Are AI phone calls legal? US, UK, EU and India.
What did the FCC rule about AI voices?
On 2 Feb 2024 the FCC ruled that the TCPA's limits on calls using an "artificial or prerecorded voice" cover "current AI technologies that generate human voices", including voice clones (FCC Declaratory Ruling 24-17). It was released on 8 Feb 2024 and took effect immediately (FCC news release). In practice:
- Consent first. For calls to cell phones and home lines, you need the called party's prior express consent, and prior express written consent if the call sells something (FCC 24-17, para. 2 and note 13; 47 U.S.C. 227(b)(1)).
- Say who you are. The message must clearly identify your business at the start, and sales calls to cell phones and home lines must offer an automated opt-out within 2 seconds of that (47 CFR 64.1200(b)).
- Damages add up per call. People can sue for $500 per violation, which a court can triple if it was willful or knowing. State attorneys general can sue too (47 U.S.C. 227).
Did the 2025 Supreme Court ruling change this?
Not in practice, says TCPAWorld, a TCPA law blog. On 20 Jun 2025, the Supreme Court held in McLaughlin Chiropractic Associates v. McKesson Corp. that the Hobbs Act doesn't bind district courts to the FCC's reading of the TCPA in civil enforcement cases. Courts must interpret the statute themselves "while affording appropriate respect to the agency's interpretation" (Supreme Court). But the statute itself bans calls with an "artificial or prerecorded voice" without consent, and "the McLaughlin decision does not create a loophole" (TCPAWorld). The blog concedes one open argument, whether real-time AI is "prerecorded", but "artificial" still applies.
What counts as written consent?
A signed written agreement (e-signatures count) that clearly authorizes the seller to call that number with an artificial or prerecorded voice. Agreeing can't be a condition of buying anything (47 CFR 64.1200(f)(9)). Before you switch an AI caller on:
- Use a consent checkbox that names your business and says you may call with automated or AI voices. Store the date, page, wording and number.
- Call residential numbers only from 8 a.m. to 9 p.m. local time, and check the national Do Not Call registry (47 CFR 64.1200(c)).
- Make the opt-out add the number to your do-not-call list automatically, as the rules require.
- Consider saying up front that it's an AI. Bland's outbound page answers "Will leads know they are talking to AI?" with "Often not" (Bland).
When is AI outbound calling lower-risk?
- Speed-to-lead on your own forms. Someone requests a call under consent wording that names you. Bland pitches this: calling leads "the moment they come in" from form, CRM or ad webhooks.
- Appointment reminders and updates. No selling means no written consent, though calls to cell phones still need prior express consent, and so do calls to home lines past set limits. Health care providers get a narrow exemption with limits, such as 1 call a day to a patient's residential line (47 CFR 64.1200(a)).
- B2B calls to office landlines. The artificial-voice ban covers residential, cell and emergency lines (47 U.S.C. 227(b)(1)). Many buyers give mobile numbers, though, and those need consent.
Still high-risk: AI calls to consumers who never opted in. Retell's telemarketing page lists "cold calls" among tasks to automate (Retell), but the software doesn't change the law.
Which tools market outbound AI calling now?
Checked on 14 Nov 2026. Features are as each vendor describes them.
| Tool | Outbound features | Price as of 14 Nov 2026 | Watch out |
|---|---|---|---|
| Bland | Calls new leads from form, CRM or ad webhooks; says DNC lists "are respected automatically" (Bland) | $0.14/min, no platform fee, phone line extra; Build $299/mo + $0.12/min | AI disclosure optional; 100 calls a day on Start |
| Retell | Batch campaigns "inside the calling windows you set"; lead qualification (Retell) | $0.07-$0.31/min + $0.015/min telephony; batch +$0.005 per dial; branded caller ID +$0.10 per call | Markets "cold calls" as a use case |
| Vapi | API, scheduled and batch calls, dashboard campaigns (Vapi docs) | $0.05/min + model, voice and phone costs | Free Vapi numbers can't call out |
| Synthflow | "Inbound and outbound phone calls"; Vector follows up by call, text and email (Synthflow) | Annual enterprise contract | No free plan or trial |
| Thoughtly | "AI voice agents (inbound + outbound)"; TCPA and state DNC review on Scale and Enterprise (Thoughtly) | Quote only | No public prices |
| Regal | Lead qualification, speed-to-lead, sales dialer (Regal) | Not published | Pitched at regulated industries like insurance and lending |
| Decagon | Outbound calls "for sales, support, and customer updates" (Decagon) | Not published | Support-first enterprise platform |
Comparing them for inbound work too? See Best AI voice agents for business in 2026, by use case and Best Bland AI alternatives.
What does an AI sales call cost?
Per 1,000 minutes of talk time, as of 14 Nov 2026. Prices change often, so check the vendor's page.
- Bland (Start): $140, plus phone-line charges at pass-through cost (Bland pricing).
- Retell: $70-$310, plus $15 telephony on Retell numbers and $5 per 1,000 batch dials (Retell pricing).
- Vapi: Vapi estimates $82-$129 on its own telephony, but free Vapi numbers can't call out. Calling through Twilio at $0.014/min adds $14 (Vapi pricing).
- Synthflow, Thoughtly, Regal, Decagon: quote only.
Numbers and concurrency cost extra: Retell charges $2/month per number and $8/month per extra concurrent call, and Vapi charges $10/month per extra line. More: AI voice agent pricing per minute: the real all-in cost.
What happened to Air AI?
Don't plan around it. The FTC sued Air AI on 25 Aug 2025 over alleged deceptive claims about business growth, earnings potential and refund guarantees (FTC). A proposed settlement announced on 24 Mar 2026 would ban Air AI and its owners from marketing business opportunities, with an $18 million judgment largely suspended and $50,000 for consumer relief, once a judge signs it (FTC). As of 14 Nov 2026, the FTC's case page lists the case as pending with no signed order, and air.ai shows a defense-software company "formerly Govini" (air.ai).
Sources
- Declaratory Ruling FCC 24-17 on AI-generated voices, FCC, adopted 2 Feb 2024, released 8 Feb 2024
- FCC makes AI-generated voices in robocalls illegal, FCC, 8 Feb 2024
- 47 U.S. Code § 227, Cornell Law School LII, checked 14 Nov 2026
- 47 CFR § 64.1200, Cornell Law School LII, checked 14 Nov 2026
- McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., No. 23-1226, Supreme Court of the United States, decided 20 Jun 2025
- AI calls after McLaughlin: why consent is still required, TCPAWorld, 25 Jun 2025
- Outbound sales, Bland AI, checked 14 Nov 2026
- Pricing, Bland AI, checked 14 Nov 2026
- Homepage, Retell AI, checked 14 Nov 2026
- AI telemarketing, Retell AI, checked 14 Nov 2026
- Pricing, Retell AI, checked 14 Nov 2026
- Outbound calling, Vapi Docs, checked 14 Nov 2026
- Pricing, Vapi, checked 14 Nov 2026
- Homepage, Synthflow, checked 14 Nov 2026
- Pricing, Synthflow, checked 14 Nov 2026
- Pricing, Thoughtly, checked 14 Nov 2026
- Homepage, Regal, checked 14 Nov 2026
- Decagon Voice, Decagon, checked 14 Nov 2026
- FTC sues to stop Air AI from using deceptive claims about business growth, earnings potential and refund guarantees, Federal Trade Commission, 25 Aug 2025
- Air.ai case, Federal Trade Commission, checked 14 Nov 2026
- Air AI and its owners will be banned from marketing business opportunities, Federal Trade Commission, 24 Mar 2026
- Homepage, air.ai, checked 14 Nov 2026
FAQ
Is it legal to cold call with an AI voice agent?
Not to US consumers without consent. In Feb 2024 the FCC ruled that AI-generated voices are artificial under the TCPA, so calls need prior express consent, and sales calls need prior express written consent. People can sue for $500 per violation, or up to 3 times that if it was willful or knowing.
Can I use an AI agent to call B2B leads?
More safely than consumers, with a catch. The TCPA's artificial-voice limits cover residential lines, cell phones and emergency lines, not ordinary business landlines. A buyer's mobile still needs prior express consent, and written consent if you're selling.
How much do AI sales calls cost?
As of 14 Nov 2026, Bland charges $0.14 a minute on its no-fee plan, Retell lists $0.07 to $0.31 a minute, and Vapi charges $0.05 a minute plus model and phone costs. Synthflow, Thoughtly and Regal don't publish prices.
What happened to Air AI?
The FTC sued Air AI on 25 Aug 2025, alleging deceptive claims about business growth, earnings potential and refund guarantees. A proposed settlement announced on 24 Mar 2026 would ban it and its owners from marketing business opportunities once a judge signs it. As of 14 Nov 2026, the air.ai domain shows a different company.
Related
- Are AI phone calls legal? US, UK, EU and IndiaAI phone call rules in the US, UK, EU and India as of 14 Nov 2026: consent, call recording, AI disclosure and opt-outs, with primary sources.
- Best AI voice agents for business in 2026, by use caseThe best AI voice agents for 5 jobs: answering calls, booking, support at scale, outbound sales and custom builds. Prices checked 14 Nov 2026.
- Best Bland AI alternatives7 Bland AI alternatives with pricing as of 14 Nov 2026, why you might switch from Bland's $0.14/min rate, and what to watch out for with each.
- AI voice agent pricing per minute: the real all-in costWhat AI voice agents and receptionists really cost per minute once platform, LLM, voice, transcription and phone line are added. 15 platforms.
Ranks are never for sale. This page has no affiliate links and no paid placements. Prices change often: check the vendor's pricing page before you buy.